Part 8Scrutiny and complaints

Duty of co-operation

114Scrutiny: duty of co-operation

(1)

The persons, bodies and office-holders listed in schedule 20 (the “scheduled scrutiny authorities”) must co-operate and co-ordinate activity with—

(a)

each other, and

(b)

where appropriate, the Scottish Ministers,

with a view to achieving the purpose in subsection (2).

(2)

That purpose is improving the exercise of the scrutiny functions of the scheduled scrutiny authorities in relation to—

(a)

local authorities,

(b)

social services, F1...

(c)

health services F2, and

(d)

policing.

having regard to efficiency, effectiveness and economy.

(3)

The Scottish Ministers may by order modify the list in schedule 20 by—

(a)

adding a person, body or office-holder which has scrutiny functions in relation to—

(i)

local authorities or public services provided by them or on their behalf,

(ii)

social services, F3...

(iii)

health services, or

F4(iv)

policing, or

(b)

removing an entry.

(4)

Before making an order under subsection (3)(a) the Scottish Ministers must consult the person, body or office-holder in question and may consult any other person they think fit.

(5)

The duty in subsection (1) does not apply in so far as compliance with it would prevent or delay action by a scheduled scrutiny authority in the exercise of its scrutiny functions which the authority considers to be necessary as a matter of urgency.

(6)

In complying with the duty in subsection (1) the scheduled scrutiny authorities must—

(a)

comply with any directions given by the Scottish Ministers, and

(b)

have regard to any guidance provided by the Scottish Ministers.

(7)

Directions and guidance—

(a)

may be of a general or a specific nature,

(b)

may relate to all scheduled scrutiny authorities or to such authorities as are specified in the directions or guidance,

(c)

may relate to all the scrutiny functions of the authorities in question or to such of those functions as are specified in the directions or guidance.

(8)

The Scottish Ministers may vary or revoke any direction.

(9)

Before providing guidance the Scottish Ministers must consult any person they think fit.

(10)

In this section—

(a)

references to the scrutiny functions of a person, body or office-holder in relation to local authorities are to such of the functions of the person, body or office-holder as relate to the regulation, audit or inspection of—

(i)

local authorities, or

(ii)

public services provided by them or on their behalf,

(b)

references to the scrutiny functions of a person, body or office-holder in relation to social servicesF5 , health services or policing are to such of the functions of the person, body or office-holder as relate to the regulation, audit or inspection of those services F6or, as the case may be, policing.

(11)

In this section—

“health services” means—

(a)

the health service within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978 (c. 29), and

(b)

independent health care services within the meaning of section 10F of that Act;

“local authorities” means councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

F7 “ policing ” has the same meaning as in Part 1 of the Police and Fire Reform (Scotland) Act 2012;

“social services” has the same meaning as in section 46 of this Act.